(OOC: Please don’t interpret this as a personal attack on the mod’s decision to do something about the inactivity in the General Assembly, merely as an IC reaction to the judicial branch asserting its authority over the legislative branch, by a member of the executive branch. That something needed to be done is not being debated, what was done should be expected to generate some legitimate IC reaction.)
Let me preface these remarks by stating that I am not speaking for the President on this matter.
Is it just me, or does any one else find the way that the prior interim and newly elevated chief judge of the High Court have be acting a wee bit, how shall I say this, dictatorial? First, consider the order handed down and posted in the assembly. It was a judicial order, but was labeled a “Constitutional” order. It was unilateral. It was not a result of a suit of some aggrieved party complaining that the Speaker or Deputy Speaker didn’t perform some constitutionally required duty. The case was not vetted and brought to them by the Commissioner of Justice. There was no chance for arguments to be heard. The decision was not restrained, such as “The Speaker of the General Assembly is hereby given one week to show cause why he should not be deemed to have resigned the office due to his abandonment of the duties thereof.” Looking back at the GA transcript, the only action he did not seem to do that would have been expected was to welcome replacement ESA MGA Lamont Rashaad to the assembly. The normal remedy would have been for the MGA to propose a resolution censuring the speakers or replacing him on their own. This didn’t happen, so perhaps the rest of the GA were not as incensed about the matter as the court appears to have been. Given all the additional functions that the High Court took upon itself to exercise in this case, the label may not be inappropriate.
Since that time, newly elevated Justice Clay has, on more the one occasion, exercised privileges not due her, by intruding on the floor of the General Assembly without its invitation. It was established by a case, that the President can only go there by invitation, yet the Justice Clay acts as if the rule doesn’t apply to her. If any one of the current MGAs will say here that she is in violation of the rules of the General Assembly in so doing, then I will give instructions that FLEA arrest her for trespassing on Federal property if she attempts to enter the General Assembly again without an invitation, as I would for any duly recognized official having authority over a piece of Federal property.
If we, for the purposes of this part of this discussion, ignore the flaws of the original ruling, then designating the most senior MGA recently active in the GA from the party that received the most votes for their GA slate in the last election as the MGA to conduct the election for a new speaker would have preferable to this repeated violation of a part of the principle of separation of powers.
Besides the flaws in the process of establishing the ruling, which would seem to go directly against some of the principles handed down in the Teano v. Smith decision, there are numerous other debatable points in the ruling itself. Under normal circumstances, an interested party could file papers with the Commission of Justice to have the constitutionality of the actions in question checked. Now this is a long shot, as the composition of the court has only changed by one person since the ruling was handed down unanimously, but we are denied by circumstance even this possibility of relief by the resignation of the prior Commissioner of Justice. We can’t have a new one until the GA acts, and the running of the GA is the point on which relief might be sought, so any ruling would be too late.
One might interpret the failure of the judicially imposed Speaker election as protest by MGA that were displeased or offended by the court’s continued meddling or excessive interference. The normal remedy for a party choosing and not replacing inactive MGAs is fewer votes in the next election, unless the people want inactive MGAs. The court, like everyone else, is entitled to vote in those elections, but the whole country gets to vote, not just a handful of judges. If they are extremely discontent, and think they can do better, let them resign their judgeships when the elections approach and see if the people support the Judges’ Party over the others that may compete at that time.